Day In Court
by scarsgirl
Summary: Draco Malfoy's future is in question. Can a memory save him? This is my first story, so please read and review.  Sequel is called "And the rest" and is complete on this site.


The Wizgamont was packed. Not a seat remained empty in the courtroom and the halls were filled with reporters waiting to see the results of Draco Malfoy's trail. The charges ranged from the Attempted Murder of Albus Dumbledore, to various assault charges and sedition.

The first three days of the trial had featured testimony from witnesses on both sides of the war. It seemed for every story that was told, a different Draco Malfoy was featured. Either he was a death-eater complicit in various crimes or a bystander doing his best to survive the Dark Lord's invasion of his home and his life. The testimony of several members of the Order of the Phoenix, including Harry Potter himself, did little to make the case a lock for either side.

The prosecution had viciously cross-examined Lucias Malfoy, who was currently on his way back to his 20 year sentence to Azkaban, about his assertion that the Malfoy family were forced to comply on threat of death, as the elder Malfoy claimed at his own trial. A ploy that the prosecution pointed out failed in his own case. Narcissa Malfoy fared much better in defence of her son, having been acquitted of all charges during her own trial earlier in the month, but the Wizgamont was not to be swayed by motherly devotion alone.

The use of a projecting pensieve had shown to be effective in the conviction of several death-eaters who had claimed innocence, due to the Imperious curse, so the Defence's request for the use of the Ministry's newest tool had created quite the buzz in the court and among members of the judging panel.

After Narcissa Malfoy was excused from testimony, following a cursory cross by the prosecution, Malfoy's Lead Solicitor asked that the courtroom be cleared for the use of the pensieve, but his move was rejected. After the refusal of the court to close this part of the proceeding Draco Malfoy and his solicitor had a heated exchange that ended in a request that Narcissa Malfoy and any members of the Longbottom family present be asked to leave the court. The unusual request was refused by the court, though Mrs. Malfoy and Neville Longbottom were asked if they wished to leave the courtroom. Both parties refused and stated that they were prepared to see whatever was contained in the memory.

The court did call the room back to order as several witnesses rearranged themselves to get a better view of the projection or to offer support for Mr. Longbottom. At this point, Draco Malfoy's Lead Solicitor, Mr. Cochrane, addressed the court.

"Witches and Wizards present, the past three days have been filled with very conflicting testimony. It is clear that my client acted in ways that could be construed as criminal and that there is very little clear cut testimony that can attest to his lack of guilt due to coercion. It is with great trepidation and only at my insistence that Mr. Malfoy has consented to provide this memory for the court's review. It is my belief that upon seeing this memory, the court will be able to see that the threats against my client were real and tangible threats not only to his person, but to his family and even individuals that were strangers to Mr. Malfoy."

" This memory was pulled by Clarice Strait, a court sanctioned expert in Memories, Memory Charms and Pensieves. Mrs. Strait not only retrieved this memory during this afternoon's lunch break, but has consented to activate the projecting pensieve for the court and provide testimony as to the memory's authenticity and chain of custody. It is to Mrs. Strait that I cede the floor."

"If I may?"

"The court begs you to proceed Mrs. Strait, if there is no objection from the Prosecution."

"None at this time sir, though I wish to retain the right once this evidence has been reviewed."

"Granted."

The courtroom fell silent as Mrs. Strait proceeded to set up the pensieve and retrieve the memory from a heavily warded case she had in her possession. Mrs. Strait activated the projecting pensieve, as the vial was emptied into the basin.

There was an audible gasp from the several members of the audience as a 360 degree view of a room from St. Mungo's Hospital came into focus. The scene showed Draco Malfoy dressed in formal robes and looking to his left as Lord Voldemort came into the scene. The Draco Malfoy in the memory visibly gulped at the presence of the dark lord and said, "My lord, how can I be of service to you in this place?" The face of the young man was drawn and tense as he tried not to look at the two bodies laying on the beds in the room.

"Draco, it was my understanding that you were of service to me at all times, not just in certain places, though I do wonder." The Dark Lord hissed, " Do you serve me in your home, but not in the world at large...not at Hogwarts?" A visible shudder wracked the vision of Draco Malfoy at the hissed words. "I am trying to do your will my lord." The memory said quietly his head bowed, as Lord Voldemort made his way further into the room towards the two forms on the beds.

The memory was interrupted by an incoherent call from Mr. Neville Longbottom, as he stood apparently disturbed by the turn of events in the memory. Mrs. Strait tapped the projector to stop the memory as the court ordered, "Mr. Longbottom, take your seat or you will be asked to leave until this testimony is done." Several friends, including Harry Potter and Hermione Granger, patted Mr. Longbottom on his arms and back to calm the obviously distressed man as he re-took his seat.

At the disturbance, Draco Malfoy turned for the first time to look into the audience and sought out Mr. Longbottom's position, before turning back to the projection as the court asked Mrs. Strait to resume the memory.

The memory re-started as Lord Voldemort stood at the end on one of the beds. "Do you know Frank and Alice Longbottom, Draco?"

"I...I am familiar with their names My Lord and their fate." Draco Malfoy's hands were visibly shaking in the memory despite the lack of light in the room, as the Dark Lord made his way between the two beds and turned to face Draco.

"Tell me Draco, what do you think of the concept of mercy?"

"Mercy sir, I don't...um, know what you mean, I suppose it's a fine quality to have at the um.. right time?" Draco Malfoy's head was bent as he tripped over his words.

"Really? And what would you consider the right time?" Lord Voldemort said as he tilted his head to the side waiting for a response.

"I'a...don't know sir...I suppose it depends on the circumstances. Who's asking for it or in need of it, My Lord."

The Dark Lord seemed to consider Draco Malfoy's words and said, "There are those that would say that your Aunt Bellatrix showed mercy to Frank and Alice here by leaving them alive, half-life though it may be. I lived like that Draco, for a very long time. I, of course, knew I would recover, but there will be no recovery for the Longbottoms. Perhaps, in this circumstance the merciful thing to do would be to end their suffering. What do you think Draco?"

In the memory, Draco Malfoy's hands were shaking uncontrollably. When the Dark Lord's eyes fell to the shaking hands, Malfoy balled his hands into fists to end the movement, as he swallowed and said, "I...uh..don't know, sir...I..." A fist came up to wipe at Malfoy's face, his head turning in an attempt to hide the movement.

"You don't know, Draco. Why I thought you would know a great deal about mercy." The Dark Lord turned to the bed on his left. "Why the mercy you have shown Albus Dumbledore by failing to act decisively has been a most inspiring sight indeed." The Dark Lord's back was turned fully to Draco as he looked at the face of Alice Longbottom.

"I'm not my Lord, I'm trying.. I...a... its'a..." The voice was frantic and tight. Draco Malfoy's face swinging from side to side as though looking for an escape or rescue.

The atmosphere in the courtroom was heavy with tension. The Court and audience were quite literally on the edge of their seats watching the exchange, heavy breathing could be heard coming from Neville Longbottom, as he held both hands to the bottom portion of his face watching the memory and being supported by those around him.

The Defendant was watching the memory intently, but stealing glances both at his mother and Mr. Longbottom as the memory progressed.

"Now, now Draco, don't worry, we won't be disturbed." Draco's body stilled. "And believe it or not I understand, you like your school, your headmaster, perhaps you have some friends.." The words in the memory were drowned out as a great shout went out from several members of the audience when Dark Lord began to peel away the blanket covering Alice Longbottom, rousing her from her sleep.

Mrs. Strait once again touched the pensieve to end its projection as the Head of the Court began pounding his gavel and demanding the audience to come to order. At this point the Defence council asked that's its move to clear the court be re-considered. The members of the Wizgamont consulted each other briefly, reiterating there refusal of the request, but warning the audience that another outburst would not be tolerated.

At the courts behest Mrs. Strait re-started the projection as Lord Voldemort was saying, "that you care for and don't want to see harmed. It's not wrong to care Draco. I know that you care for your mother a great deal. It is a miraculous thing, this bond between a mother and child, very powerful. Alice here, would have has gladly died for her son as Lily Potter did for hers and their son's would have died for them, done anything to protect them." Voldemort's fingertips touched Alice Longbottom's sternum, causing the woman to whimper and turn her head away.

"Ah, Alice, still such a beauty though," Voldemort's fingertips skated down Alice Longbottom's sternum, between her breasts, coming to a stop low on her stomach. "much like your mother." The Draco Malfoy in the memory shuddered, his face scrunching in an obvious show of distress and disgust as Alice continued to whimper distressingly.

In the courtroom many a spectator shuddered in sympathy at seeing Alice violated. The defendant himself adverting his eyes and bowing his head.

Voldemort continued in a confidential tone, "You know I always preferred your mother's beauty to Bella's" Voldemort raised his hand from Alice Longbottom's stomach and brushed a thumb along her chin. The Dark Lord then turned his head to Draco, smiled and said, "Don't tell your Aunt Bella though, she is quite the jealous one."

Draco Malfoy opened his mouth to speak, but only a breathy sound came out, his face slack in horror. The image of Draco Malfoy almost appeared to be frozen as he starred at Alice Longbottom.

In the courtroom, Narcissa Malfoy could be seen bringing a hand up to her mouth as if she were stifling a scream or a sob. At hearing the movement of his mother, the defendant finally lifted his head to look at her, his face tight with a furrowed brow and clenched jaw. Draco Malfoy made a move to stand, but his Solicitor laid a hand on his arm to keep him in place and his attention on the memory.

The Dark Lord then turned his full attention back to Draco, taking a few steps away from the bed of Alice Longbottom as he spoke, "Now, where were we, oh, that's right, discussing the finer points of mercy." Voldemort raised his hands in a parody of prayer. "I do wish we could continue this discussion Draco, but I have some matters to attend to this evening. Why don't you stay here with Alice and Frank for a little while and think about what we've discussed." Voldemort walked past Draco, Draco turning to watch the dark figure move to the center of the room. "Though, I will leave you with this parting thought" The Dark Lord tilted his head to side studying Draco, "it is said that mercy is a virtue, Draco, but I say, that as long as it allows fool's and filth to exist... it is a curse." Lord Voldemort apparated in swirl of black smoke.

Draco Malfoy continued to stare at the spot just vacated by the Dark Lord for several moments before raising his eyes and looking around the room. Draco walked to the bed of Alice Longbottom staring down at the still whimpering woman, he grabbed the blanket that had partially fallen to floor and said, "It's alright.." his voice cracking as he laid the blanket over Alice Longbottom's chest "..he's gone, its going to be...going to be.." sounding breathless as he tried to speak, Draco attempted to hold his breathe for moment before exhaling into a sob. Letting go of the blanket, Draco raised his hands to his eyes, digging the heels of his hands into them as he tried to regain his composure and said, "...alright...it's going to be alright"

After several moments, Draco seemed to reach some equilibrium and rubbed his face roughly with his hands. He then reached into his robe and pulled out his wand, pointing it at the floor as he took several deep breaths. Draco raised his wand and pointed it at Frank Longbottom. He stood there with his wand pointing at the prone man for a moment and then raised the wand towards the window next to the man's bed and began to incant, "Fiat non quo opto nocere ingredi, Fiat non quo opto nocere ingredi," Draco raised his wand to each wall of the hospital room slowly spinning, even canting towards the floor and ceiling before ending his cant at the rooms entrance weaving the spell all around the door and into the keyhole.

In the audience, Hermione Granger could be heard quietly translating, "Let none that wish harm, enter, Let none that wish harm, enter."

Once Draco Malfoy had completed his wards he walked between the beds of Alice and Frank Longbottom, stopping in front of a table that had been placed between the two beds, he studied it for a moment before touching a few petals on the spray of fresh flowers sitting in a vase there. Draco smiled as he put his hands around the vase and lifted it. He seemed ready to make a large movement, but a small movement to his right caught his attention. Alice Longbottom was holding up what appeared to be a folded candy wrapper and offering it to Draco. Draco's brow furrowed in question, but he took the wrapper with a slight bow of his head and a whispered, "Thank you," before stepping back and throwing the vase to the floor.

The crashing sound startled Frank Longbottom awake and sounds could now be heard emanating from the outside the room. Draco quickly pulled up the hood on his robe and ran out of the room as the memory dissipated.

The courtroom sat in silence for a moment as the projecting pensieve was deactivated, the memory placed back into a vial and given to the court to be placed in evidence.

Draco Malfoy was looking at his mother as she wiped tears from her eyes and smiled encouragingly at him. He smiled back for a moment before schooling his features to search the audience to find Neville Longbottom. Mr. Longbottom was using both hands to cover his face as he attempted to regain his composure. Hermione Granger and Harry Potter both appeared to be whispering on either side of the young man. Draco parted his lips, as though preparing to speak, but stopped himself and turned his attention back to the court.

Mrs. Strait was then called by the defence to give her testimony. The prosecution gave a thorough cross of Mrs. Strait. This was followed by the testimony of several St. Mungo's staff that were working the evening in question. These staff members testified that an intruder was chased from the hospital that evening, but since nothing other than the broken vase had seemed to occur the staff had assumed the incident was an addict looking for potions and didn't report the incident to the family.

The court retired for the day and set the next day for follow-up testimony from a court-appointed expert on wards, who was asked to check the wards placed on Mr. and Mrs. Longbottom's hospital room and for the beginning of closing arguments.

At the final call, Draco Malfoy stood to be prepared for his trip back into holding. Being free of the court's rules, his mother came to his side placing her hand in his, as shackles were attached to his hands and feet. The low murmur of conversation, became louder as several individuals began moving against the flow of traffic towards the Defendant and his mother. Several Aurors and court staff drew their wands at the movement as Narcissa Malfoy moved closer to her son.

Finally, the three individuals causing the ruckus burst through the crowd near where Draco Malfoy, his solicitors, a group of armed court officials and Narcissa Malfoy stood. Neville Longbottom, Hermione Granger and Harry Potter came to a stop lifting there hands to show that they were not armed. The Auror's and court officials lowered their wands, while Narcissa Malfoy held her place slightly in front of her now fully shackled son.

"Mother," Draco said, "it's alright. Let them say their piece." Draco nodded at the three, who returned the nod. Potter and Granger then looked to Mr. Longbottom, who was staring intently at Draco Malfoy. The intense stare caused the young man to turn his head down.

"Draco..," Mr. Longbottom began, "I want to thank you for what you did. I know that..that..helping my parents could've ended badly for you." Mr. Longbottom nodded to Ms. Malfoy and looked at Draco again.

"Yes well, I have to admit it wasn't some great plan on my part, I was just so sick of..." Draco's fists clenched as he shut his eyes for a moment before saying, "of being afraid.. of seeing what he did to people who couldn't.." Draco stopped abruptly clenching his jaw tightly and closing his eyes. Narcissa Malfoy turned to study his features for a moment before placing a hand against her son's check and rubbing lightly. Draco opened his eyes to Narcissa's and unclenched his jaw and fists as he visibly calmed.

Turning to face Neville he continued, "Those wards wouldn't have done much if he or Aunt Bella had come for them, but at least I would have had the pleasure of knowing that it wouldn't have been quite as easy as they thought it would be. Besides which, he was foolish enough to wake your mother... he knew me for the coward I am, so it was easy enough for him to believe I ran when 'she' broke the vase."

There was an uncomfortable silence for a moment as they all studied one another. When an Auror made a move to grab Malfoy's arm and lead him away, Neville spoke up once more, "Just a moment, if you will, Sir." Neville said nodding his head toward the Auror, who returned the nod and stepped away.

"I thank you just the same...I can't imagine what it must have been like, but I hope you...that you've..." Neville exhaled through his nose and started again, "I've learned that you can't be afraid all the time, Malfoy, that you have to fight for what you believe in and that there are many ways to do that, whether it is walking to your death with your head held high," Neville looked at Harry then smiled, as he looked back at Draco, "or trying to protect the things you love."

Narcissa Malfoy, dipped her head and blushed. "Anyway, I hope everything works out and I'm glad that you and your Mum made it through alright and.. and.. well, I don't what else to say." Neville put his hands in his pockets and shuffled his feet as Harry gave him a reassuring pat.

Draco opened his mouth to speak, but was interrupted when one of the Prosecution's assistants patted his Solicitor's shoulder and asked him if they could speak for a moment. Draco eyed the gentlemen as they walked towards the Prosecution's table before looking at his mother's now neutral face. "Thank you, um, Neville," Draco pursed his lips together as though the name tasted strange on his lips and nodded to his former classmates as the Auror stepped up once again to take his arm.

As Draco was led away, the murmur of conversation at the Prosecution's table took on a genial tone that was noticed by everyone present causing Draco to look questioningly back at his mother as he was going through the door to the holding cells. Neville saw Draco quirk his eyebrow before disappearing behind the door and turned to see what had caused the strange look on Draco's face. Narcissa Malfoy was watching the discussion at the Prosecution's table and smiling.


End file.
